JUDGMENT :

(Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandumus, directing the 2nd respondent to terminate the petitioner's redundant pregnancy according to the Medical termination of Pregnancy Act, 1971 and consequently direct the respondent to send the products of conception of unborn foetus to anyone of the Forensic Laboratory for DNA testing and preserve the same for the purpose of evidence.)

1. This petition has been filed seeking a direction to direct the second respondent to terminate the petitioner's redundant pregnancy according to the Medical Termination of Pregnancy Act, 1971 and consequently, direct the respondents to send the products of conception of unborn foetus to any one of the Forensic Laboratories for DNA Test and preserve the same for the purpose of evidence.

2. The petitioner is the victim in Crime No.19 of 2021 dated 06.08.2021 which was registered for the offences punishable under Sections 354(B), 354(C) 328, 376 and 509 IPC. Seeking termination of pregnancy, this petition has been filed mainly on the ground that because of the offence committed by the accused persons, she was conceived and the conception is seven weeks. Now, she does not want to bear the child because of humiliation.

3. The petitioner was present before this Court through video conference on 01.09.2021. This Court interacted with the petitioner to know about her willingness to abort the child. She has stated that she is willing to abort the child and no pressure from anyone came to her.

4. The relevant provision of Section 3 of the Medical Termination of Pregnancy Act, 1971, is extracted here under:-

“Section 3 of the Medical Termination of Pregnancy Act, 1971:-

(1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860) a registered medical practitioner shall not be guilty of any offence under that Code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.

(2) Subject to the provisions of the Sub-Section (4), a pregnancy may be terminated by a registered medical practitioner,-

(a) where the length of the pregnancy does not exceed twelve weeks, if such medical practitioner is, or

(b) where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two registered medical practitioners are, of opinion, formed in good faith, that-

(i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or

(ii) there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped.

Explanation I – where any pregnancy occurs as a result of failure of any device or method used by any married woman or her husband for the purpose of limiting the number of children, the anguish caused by such unwanted pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman.

(3) In determining whether the continuance of a pregnancy would involve such risk of injury to the health as is mentioned in Sub-section (2), account may be taken of the pregnant woman's actual or reasonable foreseeable environment.

(4) (a) No pregnancy of a woman, who has not attained the age of eighteen years, or, who, having attained the age of eighteen years, is a (mentally ill person) shall be terminated except with consent in wring of her guardian.

(b) Save as otherwise provide in clause(a), no pregnancy shall be terminated except with the consent of the pregnant woman.”

5. In the light of the above provision, CD file has also been called for and on perusal of CD file shows that on 07.08.2021, she was examined and found to be 8 weeks and two days gestation. So, she was directed to be examined by the HOD, O&G Department, attached to the Medical College Hospital, Madurai. She was taken to the medical examination, on 02.09.